High Court frees UP man, rules formal arrest cannot undo illegal detention

A High Court has ordered the release of a man from Uttar Pradesh, ruling that a formal arrest recorded after an illegal detention period cannot be used to retroactively validate the unlawful custody.
The man was taken into police custody on 14 September, but his arrest was formally recorded only on 16 September—well beyond the constitutional 24-hour limit prescribed for such action. The court applied the US legal doctrine of 'fruit of poisonous tree,' which holds that evidence or actions derived from an unlawful act are themselves tainted and inadmissible.
The judgment underscores that procedural safeguards around arrest and detention are fundamental rights that cannot be circumvented through delayed paperwork or formal recording after the fact.


